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Max Lowry
Max Lowry, Advocate
Category: UK Bankruptcy Law
Satisfied Customers: 69
Experience:  LLB, 10 years post qualification experience
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I was made bankrupt in 2009 and I have a second charge on the

Customer Question

I was made bankrupt in 2009 and I have a second charge on the house with no actual top value . The £600000 I owed due to a business loan with HSBC which was the second charge was for) was covered in my bankruptcy. Do HSBC still have a charge on the house and how much can they take from the equity. It is not a registered charge, but just a charge, Not sure if this makes a difference. Will this charge ever expire? I don't think HSBC are aware of the charge as they were pushing me at the time to change mortgage to them, but I did not. They also said that my first charge with JPMorgan, refused the charge, but it is still on the property. I was not solely responsible for the £600000, it was my brother too who was with HSBC (mortgage) and he lost his house.
Submitted: 3 years ago.
Category: UK Bankruptcy Law
Expert:  Stuart J replied 3 years ago.

Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousands of questions
from satisfied users on a variety of subjects.

Because we are all in practice with clients and court and other
users, I might not always respond in
, particularly evenings and weekends. Please bear with me in that

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to
advise you fully.

Unless I have all the facts that I need, my answer
would not be accurate.

I am confused as to how you can have a charge
which is not registered. Ideally there is a charge other is not a charge.

Do you mean that there is a charging order which
was never registered and therefore never shows at the land registry?

Or, as the property jointly owned and this is an
equitable charge against your share?

I'm also confused as to how JP Morgan can refuse a
charging order although they can refuse a voluntary charge if there is a
restriction in the register to that effect.

I need the full background details please. Thank

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